Disgraceful Sydney Café Basher

, Disgraceful Sydney Café Basher

Disgraceful Sydney Café Basher

THE STORY

Earlier this week a somewhat ordinary conversation turned into a traumatic assault allegedly caused by 43-year-old, Stipe Lozina on pregnant Muslim woman Rana Elasmar, aged 31 years. As many have seen, the shocking video footage shows Mr Lozina approached a pregnant muslim lady, Rana Elasmar (along with two others) who were seated at a café table within Parramatta, where he allegedly leaned over and punched Ms Elasmar several times in the head and upper body, causing her to fall to the ground as her friends tried to hold him back.  

It is unknown what caused the altercation or for what purpose. Channel 9 have indicated that Mr Stipes actions was “clearly racist and an Islamophobic attack “. Click here to read the complete article.

Mr Lozina has since been charged with affray and assault occasioning actual bodily harm. Furthermore, he has been refused bail.

Before considering bail, let’s consider the offence of Assault occasioning actual bodily harm.

WHAT IS ASSAULT OCCASIONING BODILY HARM?

Actual bodily harm is any “hurt or injury that interferes with the health or comfort of the person assaulted”.

Under Section 59 of the Crimes Act 1900 (NSW), whoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five (5) years.

In order to establish the offence it is not necessary for the prosecution to prove a specific intent to cause actual bodily harm. It is sufficent if the accused intentionally or recklessly assaults the victim and actual bodily harm results.

For further information, please click here to learn more about Assault occasioning actual bodily harm such as the elements the prosecution must prove.

WHAT MUST THE PROSECUTION PROVE?

In order to be found guilty with assault occasioning actual bodily harm the prosecution must prove beyond reasonable doubt  the following elements:

  • You applied force, hit or touched another; and
  • As a result of that force, the alleged complainant suffered an injury.

PENALTIES

The offence of actual bodily harm carries a maximum of 2 years if heard in the Local Court (dealt with summarily) or 7 years if dealt with in the District Court (dealt with on indictment).

WHY WAS BAIL REFUSED?

What is Bail?

Bail in its simplest form means to be free in the community while your case is waiting to be heard and brought to finality.

Bail is usually a one step process unless it is for a more serious offence at which point it simply a two-step process under the Bail Act 2013 (NSW):

  • Has the defendant (Mr Stipe) shown cause why his detention is not justified? (Step 1);  And
  • Is Mr Stipe an unacceptable risk? If not are there any conditions that can be imposed? (Step).

Please note, not all bail applications require step 1.

Shown cause why detention is not justified?

Under section 16A of Bail Act 2013, Mr Stipe has the onus to show why his detention is not justified. Please click here to view the list of possible offences that are identified as show cause.

Is there an unacceptable risk?

The legislation under section 17 defines the unacceptable risk test quite clearly. Section 17(2) states that a bail concern is a concern that if released from custody, the accused will:

  1. Fail to appear at any proceedings
  2. Commit a serious offence
  3. Endanger the safety of victims
  4. Interfere with witnesses or evidence

Furthermore, section 18 indicates the bail authority must consider a variety of factors including the accused history of violence and nature of the offence. Please click here for the variety of matters to be considered as part of assessment.

 

 

 

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